A visitor has been staying at my house for 14 months! does she have ownership rights?

Question

I want to have visitors staying, but what makes the difference between a visitor and a dweller. For instance they get their mail sent here. If they become a dweller do they get ownership rights? This is confusing me. If anyone can advise Id be very grateful. thanks

Answer 1

They don't have ownership but legally, anyone who stays 14 nights out of sixty nights is considered a tenant. So technically after two weeks they were legally allowed to be there. You can have them evicted if you own the house yourself. But they still are entitled to thirty more days of stay before they have to leave.

I know this is the case in north carolina, and it is generally the same in all US states. check with your police department. they can tell you everything you need to know if you want them out.

Answer 2

Actually it depends what state you live in. In SC this person would not own your home since they are not on the deed UNLESS you are in a state where there common law is legal and recognized in that state as a legal form of marriage. If you are common law with this person, every state where it is legal differs on what determines common law, then yes, they are entitled to a portion of your home. If you are not common law, you are just friends, then no, they could never have rights to ownership of your home unless you have stated so to them. And, if you want them gone, whether or not they pay rent they live there. They are not a visitor anymore after 14 months. You will need to have them evicted which could cause you a lot of headache. In the future don't give anyone a key and tell them they have only a week to "crash". If you give them a key or allow them to stay there for more than two weeks or allow them to get mail at your home then a pesky visitor is going to become a true pain in the butt roommate!

Answer 3

This regards English Law only ~ I'm unsure as to where you live so this is obviously irrelevent if you're not covered by English Law!

What you're asking is whether she has any interest in the land (whether it be legal or equitable - the latter being something that the courts can decide upon).

It's your house so you can grant legal interests to anyone, however, you obviously haven't granted one to your visitor so any interest they may have in your land is equitable. The only reasonable rights she may have then are either a right of entry or a beneficial interest. Again, YOU would have to grant them these rights and the only way you could do this would be to comply with section 2 of the Law of Property (Miscellaneous Provisons) Act 1989 - i.e. there would HAVE to be a contract.

As you have not formed a contract with your visitor, they have no equitable rights either.

So, to sum it up - they have no ownership rights what so ever!

Answer 4

A visitor is on implied licence to occupy from you assuming your the owner, you can revoke the licence whenever you like and that person will no longer legally allowed to remain.

You cannot get ownership rights, but that person may waive occupational rights if you are selling the property, ie the person can be in the contract for the sale.

Answer 5

Well 1st of all if they have been staying there for 14 months they are not a visitor. Now if her name is not on the lease then she does not have any ownership rights plain and simple.

Answer 6

Mere occupation of your house by a guest would not give rise to ownership rights."Squatter's rights" cannot be obtained by someone who is there with the owner's permission. Rights might arise if there is a relationship between you and the person concerned, or if they paid for some major improvement, or they might gain some rights as tenants if they paid you rent (but it is a relatively easy job to get rid of an unwanted tenant in a house also occupied by the landlord).

Answer 7

Is this visitor paying rent or any bills? If the answer is no then NO they don't have ownership right. Even if they are paying they only get ownership rights if you give them to them. Draw up a contract and get some firm rules involve then both parties sign them.

Answer 8

You'd better be careful how you proceed. In Illinois its called 'squatters rights'. My wife and I opened our home to a family friend and after eight months it just became a nightmare. We would not have been able to get rid of them if we were not able to prove he hacked our personal computer. And even then we had to go through the courts to get an eviction notice. (We asked him to leave and he refused.) Because of his attack on our property (computer) we were able to not only evict him, but also get a restraining order on him AND have the police come and physically remove him. It was a HUGE mess. Again, be VERY careful how you proceed.
If you open your home to someone without a contract, and that person becomes pseudo dependent on you, you are stuck with them. My wife and I will never open our home to anyone, ever again, not even to family. The risks are just not worth it.

Answer 9

the fact they have mail sent to your house could have implications regarding benefits. you could be classed as havin a lodger, but since no tenancy agreement has been signed then your free to kick them out whenever you want? like your use of the word visitor tho. visitors tend to just visit and leave afterwards. sounds like you have a lodger. if in doubt seek legal advice but i know they cant claim anything on your property.

Answer 10

If they are helping pay bills and getting their mail there they may have established residency rights but not ownership rights. This is in the USA.